BEACH v. TOWNSHIP OF LIMA

Docket No. 139394. Calendar No. 1.

802 N.W.2d 1 (2011)

489 Mich. 99

Florence BEACH, Cynthia B. Guthrie, Donald E. Jaekle, Jr., as Trustee of the Ann B. Jaekle Revocable Trust, Lillian B. Mumaw, and Dwight E. Beach, Jr., Plaintiffs/Counterdefendants/Appellees, v. TOWNSHIP OF LIMA, Defendant/Counterplaintiff/Appellant, and Jeffrey V. Munger, Defendant.

Supreme Court of Michigan.

Decided June 3, 2011.


Attorney(s) appearing for the Case

Keusch, Flintoft & Conlin, P.C. (by Peter C. Flintoft ), Chelsea, and Gary P. Supanich , PLLC (by Gary P. Supanich ), Bloomfield Hills, for Florence Beach.

Reading, Etter & Lillich (by Victor L. Lillich ), Ann Arbor, for Lima Township.

Cunningham Dalman, P.C. (by Andrew J. Mulder and Vincent L. Duckworth ), Holland, for Amicus Curiae the Michigan Municipal League, the Michigan Township Association, and the Public Corporation Law Section of the State Bar of Michigan.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, and James E. Riley , Assistant Attorney General, for Amicus Curiae the Department of Energy, Labor, and Economic Growth.

McClelland & Anderson, L.L.P. (by David E. Pierson ), Lansing, for Amicus Curiae the Real Property Law Section of the State Bar of Michigan.


Opinion

YOUNG, C.J.

This case requires us to consider whether a plaintiff who seeks to establish an adverse possession claim that would affect property in a recorded plat must file a claim under the Land Division Act (LDA), MCL 560.101 et seq., if the plaintiff is not expressly requesting that the plat be vacated, corrected, or revised. We hold that an action that seeks to establish a substantive property...

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